Kamal Alang And ORS v. State Of Punjab And ANR

C.R.No.6041 of 2015 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH C.R.No.6041 of 2015 Kamal Alang and Ors.

....Petitioners

Versus

State of Punjab and Anr.

....Respondents Date of Order: 27.4.2018

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Sudhir Pruthi, Advocate for the petitioners. AMIT RAWAL, J (ORAL) The petitioners have challenged the impugned order dated 17.1.2015 whereby the Executing Court on the objections filed by the respondents-State of Punjab while adjourning the matter for further orders, stayed the execution proceedings till the final outcome of the suit filed by the JD-State of Punjab.

Learned counsel for the petitioners submitted that the suit filed by the State of Punjab seeking relief of separate possession by way of partition of 9/16 share of the plaintiffs out of the suit property had been decreed by the trial Court vide judgment dated 14.7.2015 and the appeal filed against the same by defendant No.1-Mona Gulam Qadir was allowed vide judgment and decree dated 08.11.2016 and the suit filed by the plaintiffs-State of Punjab was dismissed.

After hearing learned counsel for the petitioners and going through the entire case file, I am of the view that no useful purpose would be served in keeping the present revision petition pending, therefore, liberty

C.R.No.6041 of 2015 #2# is granted to the petitioners to move appropriate application before the trial Court for revival of the impugned order passed in the execution application in accordance with law. It is hoped that the trial court shall endeavor to dispose of the case as expeditiously as possible preferably. Disposed of with the above terms.

April 27, 2018 `(AMIT RAWAL) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No